Divisional Application
A divisional patent application is filed when an original (parent) patent application contains multiple inventions that need to be separated into distinct applications. This ensures that each invention receives independent protection while maintaining the priority date of the parent application.
Key Features
Arises when a single parent application covers multiple inventions, requiring division into separate filings
Governed by Section 16 of the Indian Patents Act.
The divisional application retains the original filing date of the parent application.
Each divisional application is examined separately, with its own merits assessed.
Criteria for Filing
- The parent application must disclose multiple distinct inventions.
- The parent application must disclose multiple distinct inventions.
- A divisional application must be filed before the parent patent is granted.
Benefits
- Ensures comprehensive protection for different aspects of an invention.
- Avoids rejection for lack of unity, allowing separate examination of distinct inventions.
- Allows inventors to strategically manage their patent portfolio.
By filing a divisional patent application, inventors can safeguard multiple innovations while complying with patent regulations, ensuring broader intellectual property protection.